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In a bona fide state of separation. There can be no pending action for divorce if there is, your complaint for separate maintenance will be dismissed. You can either hire an attorney who will prepare your case and represent you in court, or you can use the sample forms included in this packet and represent yourself in court. There are some procedural differences between a divorce and a suit for separate maintenance. First, there is no six month residency requirement. Second, the defendant MUST.

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